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Welcome to the BMS AWP Settlement Website
- UPDATES:
- On January 6, 2012 Consumer and TPP Settlement checks were mailed.
- To view the Order Granting Plaintiffs’ Motion for Distribution of the Net Settlement
Fund to Consumers claimants and Third-Party Payors, click here.
- To view the Final Approval Order, click here.
- There has been a revision to the settlement agreement and a rescheduled date and
time for the Fairness Hearing. Please click here to view the order.
- A copy of the Revised Notice is now available. Please click here to view the Consumer Notice.
There is a Class Action Settlement with Bristol-Myers Squibb (“BMS”) concerning
drugs used for the treatment of cancers and other medical conditions. The BMS drugs
included in the Settlement are:
Blenoxane®
Cytoxan®
Etopophos®
Paraplatin®
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Rubex®
Taxol®
Vepesid®
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The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale Price
Litigation, Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.).
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The lawsuit claims the AWPs reported by BMS for these BMS drugs were false and inflated.
The reported AWPs were used to set the amount Medicare Part B recipients, and most
private insurers reimbursed for these drugs. BMS denies any wrongdoing and is settling
to avoid the burden and expense of continued litigation.
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BMS has agreed to pay $19 million to settle claims of TPPs as well as consumers
who made percentage co-payments based on AWP. BMS will also pay one-half of the
cost of notice and administration of the Settlement up to $1 million.
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Under the terms of Settlement, 72% of the Settlement funds will be used to satisfy
the claims of TPPs who file claims. The remaining 28% of the total Settlement amount
will be set aside exclusively to satisfy the claims of consumers.
Please select the option that best describes your purchases of these BMS Drugs:
PRIVATE INSURANCE
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If You Made Full Cash or Percentage Co-Payments Through Private Health Insurance
Click Here
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MEDICARE PART B
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If You Made Percentage Co-Payments Through Medicare Part B
Click Here
A percentage co-payment is a payment that varies according to the price of the drug
(i.e. 20% or 25% of the total cost). If you paid the same amount (i.e. $10, $20)
per prescription, regardless of the cost of the drug, you did not make a percentage
co-payment and are not included in the Settlement.
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THIRD-PARTY PAYORS
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If You Are A Third Party Payor (i.e. Health Insurance Company, Self-Insured Union
Health & Welfare Fund, Self-Insured Employee Health Plan)
Click Here
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